The divide between the legislature and the judiciary is out in the open yet again. Contradicting the Supreme Court order barring those in jail from contesting polls, the Rajya Sabha has approved a proposal to maintain the candidate's right to contest polls when in custody while passing the Representation of People (Amendment and Validation) Bill, 2013.

While moving the amendments to the Representation of People Act (RP Act), Law Minister Kapil Sibal's argued that "courts are enthusiastic to prove politicians as criminals."

Sibal said the SC judgement was clearly erroneous and advised the judiciary to be extremely careful in giving rulings which have an impact on the polity of the country.

The Bill, which was passed by the House, seeks to add a proviso to sub-section (2) of Section 62 of the Act to state that a person cannot cease to be a voter while in detention as his or her right is only temporarily suspended.

One of the amendments states that as the name of the jailed person continues to be on the electoral rolls, he or she also continues to be an elector and can file nomination for an election.

The amendments seek to negate the July 10 SC order, which held that those in jails cannot vote according to the RP Act and therefore cannot qualify for contesting elections to Parliament or state legislatures.

The amendment, once passed by Parliament, shall come into effect from July 10, 2013.

After examining the order, the government had filed a review petition, but instead of waiting for the outcome, it felt the need to suitably address the situation, the Statement of Objects and Reasons of the Bill states.

In its verdict, the SC had ruled that only an elector can contest the polls and he ceases the right to cast his vote if he is in prison or in police custody. The SC had, however, made it clear that disqualification would not be applicable to persons subjected to preventive detention under any law.

Sibal said the SC verdict was erroneous as the matters or right to vote and right to be on the electoral roll were being dealt by separate sections in the Constitution and till proven guilty, everyone was to be considered as innocent.

Leader of the Opposition in Rajya Sabha Arun Jaitley also said the SC order empowered a policeman to decide the fate of those seeking to contest polls. "Police became the final arbitrator who can contest and who cannot... Are we going to risk democracy to the police?" he asked.